Mary, In the matter of an application for leave to issue or file

Helen Mary applied to the High Court of Australia for leave to issue or file a constitutional or other writ. The application sought the discharge of orders made by the Federal Circuit and Family Court of Australia on 2 November 2022 and 4 April 2023. The applicant contended that she and her children possessed diplomatic and other forms of immunity from Australian court jurisdiction, asserting they were "living souls . . . uncontracted to the statutory obligations of ‘Australia’" and were in the jurisdiction of original lands and tribes of Gumbaynggirr, Gadigal, Majagi and Nyangbul Nations, and were "self‑determined benefactors".

The legal issues before the High Court were whether the applicant should be granted leave to issue or file the writ, and whether the application disclosed any legally recognised basis for setting aside the orders of the Federal Circuit and Family Court. The Court was required to consider whether the applicant's assertions of immunity and jurisdictional exclusion had any merit under Australian law.

The Court dismissed the application, finding that there was nothing to suggest the Federal Circuit and Family Court orders were not regularly made in the proper exercise of its jurisdiction. The application did not disclose any basis recognised by Australian law for setting aside those orders, nor did it disclose any tenable basis for the relief sought. Consequently, the Court ordered that the application be determined without listing it for hearing and that the application be dismissed.